AB456: Bill Text

LRB-0097/1

ARG:jld:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 456

September 30, 2009 - Introduced by Representatives Steinbrink, Turner, Soletski and A. Ott, cosponsored by Senators Holperin and Taylor. Referred to Committee on Transportation.

AB456,1,2 An Act to amend 909.02 (4) of the statutes; relating to: self-authentication by electronic certification of certain Department of Transportation records.

Analysis by the Legislative Reference Bureau

Under current law, documentary evidence offered before a court must meet certain requirements of authentication as a condition precedent to admissibility. Some documents, including official records, reports, and data compilations, are self-authenticating if specified requirements are met, so that extrinsic evidence of authentication is not required. Driver records maintained by the Department of Transportation (DOT) may be certified electronically by DOT as public records qualifying for self-authentication if the electronic certification is made in a manner determined by DOT to satisfactorily support a finding that the document is what it purports to be.

This bill allows DOT to electronically certify additional records, in the same manner that DOT electronically certifies driver records, so that these records are self-authenticating. The additional records that DOT may electronically certify for self-authentication purposes include motor vehicle title and registration records, motor vehicle dealer records, and motor carrier records.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB456, s. 1 Section 1. 909.02 (4) of the statutes is amended to read:

AB456,2,10 909.02 (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with sub. (1), (2) or (3) or complying with any statute or rule adopted by the supreme court, or, with respect to records maintained by the department of transportation under s. 343.23 110.20 or chs. 194, 218, 341 to 343, 345, or 348, certified electronically in any manner determined by the department of transportation to conform with the requirements of s. 909.01.

AB456,2,11 (End)